United States Second Circuit

Denial of application of mother and two sons for asylum, withholding of removal, and request for relief under the United Nations Convention Against Torture, is vacated where the IJ erred by arbitrarily preferring assertions in mother's husband's application for asylum to those in hers and then arbitrarily using the husband-s assertions as the basis for deeming her not credible.

Appellate Information

• Decided 08/22/2006
• Published 08/22/2006

Judges

• B.D. PARKER, Jr., Circuit Judge., Before CALABRESI, B.D. PARKER, Circuit Judges, MUKASEY, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Craig T. Donovan, Law Offices of Nolan Cheng, New York, NY, for Petitioners.


• For Appellees:
  
• Stephen B. Clark, Assistant United States Attorney, for Ronald J. Tenpas, United States Attorney for the Southern District of Illinois, Fairview, IL, for Respondent.